Pandi .M v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.08.2023
CORAM
THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.(MD).No.15529 of 2023 M.Pandi ... Petitioner Vs 1.The Deputy Superintendent of Police, Usilampatti, Madurai District.
2.The Sub-Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the second respondent proceedings in Na.Ka.No. 139/Ka.Thu.Ka/Usilai/2023, dated 30.07.2023 and quash the same and directing the respondents to grant permission to the petitioner's village people to conduct Adal Padal Programme on 07.08.2023 as a part of Arulmighu Sri NallamayanSri Karuppasamy-Petchiamman Thirukovil, Muthupandipatti, Usilampatti Taluk, Madurai District.
For Petitioner : Mr.K.Guhan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4
O R D E R
This Writ Petition is filed seeking for a direction to the respondent Police to permit the petitioner to conduct Adal Padal Programme by setting aside the orders passed by the respondent Police vide proceedings in Na.Ka.No. 139/Ka.Thu.Ka/Usilai/2023, dated 30.07.2023.
2. It is submitted by learned counsel for the petitioner that since long time, the petitioner and others have been conducting the temple festival along with all the villagers in Arulmighu Sri Nallamayan-Sri KaruppasamyPetchiamman Thirukovil, situated at Muthupandipatti, Usilampatti Taluk, Madurai District and this year also, they proposed to conduct a temple festival and Adal Padal Programme on 07.08.2023, for which, a representation has been given to the respondent Police on 30.07.2023. However, the said representation stated to have been rejected by the respondent Police on the ground that there may likely to arise law and order problem and communal clashes. Now, the petitioner has filed the documents to show that preparations have already been done for conducting of the programme.
3. Even according to learned Government Advocate (Criminal Side), no untoward incident has taken place, when they have conducted last year. It is also submitted that if undertaking is given by the petitioner, the 2/4
respondent Police would consider granting the permission. Therefore, the petitioner is directed to file fresh application before the respondent Police, on which, the respondent Police are directed to consider the same and grant permission as sought for by imposing usual conditions after getting an undertaking executed by fulfilling the guidelines issued vide proceedings in Rc.007301/Genl.I (1)/2019, dated 09.04.2019.
4. With the above direction, this Writ Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. No costs. 03.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg Note : Issue Order Copy by 03.08.2023 To 1.The Deputy Superintendent of Police, Usilampatti, Madurai District.
2.The Sub-Inspector of Police, Usilampatti Town Police Station, Usilampatti, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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DR.D.NAGARJUN, J.
tsg 03.08.2023 4/4